Landlord Discrimination, Harassment, Retaliation or Entering the Leased Dwelling

Retaliation by Landlord

Retaliation generally happens when you complain about conditions in or around your dwelling and instead of fixing these problems, the landlord serves an no cause eviction notice. For example, if you complain in good faith to the landlord about habitability problems, or call the police about crime, the landlord cannot retaliate by serving you an eviction notice. Include this legal defense when you file a tenant’s affidavit with the court.

If your landlord retaliates by raising your rent and you refuse to sign the new lease, and then the landlord attempts to evict you, include this information in your tenant’s affidavit with the court. However, the landlord can still prove that the rise in rent is reasonable if the increase in rent applies in a uniform manner to all tenants.

If your landlord retaliates by shutting off an essential service to your dwelling, include this information in your written letter to the landlord under Essential Services.


Landlord Enters Dwelling Without Permission

Under NRS 118A.330, alandlord or agent hasthe ability to enter the dwelling unit for the purposes of inspection, to make necessary repairs or to provide necessary services, or to exhibit the dwelling to prospective buyers, future tenants, workmen, or anyone else with a bona fide interest in inspecting the premises. However, the landlord should provide 24 hours advance notice before entering your dwelling, except in emergencies. You cannot unreasonably withhold your consent for the landlord to peaceably enter for the reasons and under the conditions set forth above.

The landlord violates NRS 118A.500if the landlord’s repeated demands for access unreasonably harass you. You may terminate your lease or seek an injunction in court to stop the landlord from abusing the right to access your dwelling. 


Discrimination and Harassment

Under the federal Fair Housing Act and NRS 118.100(1)(b), Discrimination is a defense to an eviction if you have strong, documented proof your landlord singled you out based on race, color, religion, nationality, sex, disability, sexual orientation, gender identity, or families with children or pregnant mothers. Most landlords know enough about fair housing to avoid listing blatantly discriminatory reasons for eviction and explain that evictions are a case-by-case basis.

Harassment by landlord is not a legal defense to eviction. Harassment is also not a basis to sue the landlord, except in cases where you have strong, documented proof.